Alexandra Martinez Prism
A federal judge has temporarily blocked Florida International University (FIU) from enforcing its blanket ban on expressive activities inside university buildings. The ruling favored students who challenged disciplinary action stemming from a silent protest against the university’s agreement with U.S. Immigration and Customs Enforcement (ICE).
The preliminary injunction, issued Aug. 24, comes 12 days after the student-led group ICEBreakers filed a lawsuit challenging FIU’s policy and the university’s decision to discipline seven students who wore shirts reading “ICE OFF FIU” during a campus event featuring FIU President Jeanette Nuñez.
“Formally, the ruling prevents FIU from enforcing its policy against only members of ICEBreakers, but the court’s reasoning makes clear that it would be unconstitutional if enforced against anyone else as well,” according to a press release from the American Civil Liberties Union (ACLU) of Florida, which is representing the students.
“Blocking this regulation means students can start the fall semester without fear of being punished for peacefully protesting,” said Max Fondren, president of ICEBreakers, in the press release. “Our work to end FIU’s cruel and unnecessary decision to deputize campus police as ICE agents will continue.”
FIU did not immediately respond to Prism’s request for comment.
In its ruling, the court cited decades of legal precedent protecting student expression on college campuses. The judge wrote that student speech generally cannot be restricted unless it materially disrupts an institution’s educational mission, involves substantial disorder, or infringes on the rights of others.
The students argue that their demonstration met none of those conditions. They silently wore protest shirts at the event, actions they say did not interfere with the program or the rights of other attendees.
“FIU’s discomfort with our message does not override our right to protest against the university’s 287(g) agreement—nor will it get us to stop,” said Andrew Caro, one of the seven students facing disciplinary action. “Our protest did not derail the event, nor did it impact anyone else’s rights. It was non-disruptive and fully protected speech.”
Nicholas Warren, senior staff attorney at the ACLU of Florida, said in a press release that the ruling reinforces students’ longstanding constitutional protections.
“We are pleased the court agreed with us that FIU’s blanket ban likely violates the First Amendment,” Warren said. “The law has protected students’ right to protest for generations, and this order reaffirms that fundamental freedom.”
Adam Saper, an attorney with Community Justice Project, which is also supporting the students, said the case has implications beyond the seven students involved.
“This isn’t only about their right to free speech—it’s about every student on campus, especially the immigrant students who walk in every day carrying real fear of ICE, when all they’re trying to do is learn and build a future for themselves,” Saper said.
The dispute stems from FIU’s decision last year to become the first university in the country to voluntarily deputize its campus police through the federal government’s 287(g) program, giving participating officers certain immigration-enforcement powers in cooperation with ICE.
The agreement generated concern among students and faculty and helped spur the creation of ICEBreakers. Members of the group repeatedly sought to meet with Nuñez, who has supported the agreement and has authority to end it, according to the ACLU. After those requests were unsuccessful, the students held the silent demonstration that led to the disciplinary action.
The preliminary injunction allows the students to continue expressing their opposition without facing enforcement of FIU’s challenged policy while the lawsuit proceeds.
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Alexandra is a Cuban-American writer based in Miami, with an interest in immigration, the economy, gender justice, and the environment. Her work has appeared in CNN, Vice, and Catapult Magazine, among others.
Image Natalie La Roche Pietri
WLRNFILE: Students chanted and held up signs in protest to FIU’s partnership with ICE.
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